Eric Johnson, et al. v. David A. Mazie, et al.

Newark, New Jersey personal injury class actions lawyers represented Plaintiff challenging the fees paid to class action plaintiff's lawyers.



In 2015, product liability cases concerning the blood-

pressure medication Olmesartan were consolidated into a

multidistrict litigation (MDL) in the United States District

Court for the District of New Jersey. Adam Slater was co-lead

counsel of the MDL, and his law firm, Mazie Slater Katz &

Freeman, LLC, represented more than 200 plaintiffs. The case

settled for over $300 million, and the firm collected contingent

fees as agreed to by its clients. The firm also received

compensation and reimbursement of expenses from the

settlement's common-benefit fund.



After the MDL settled, one of the plaintiffs in that case,

Anthony Martino, filed a putative class action in New Jersey

state court against his former lawyers, David Mazie, Adam

Slater, and Mazie Slater Katz & Freeman, LLC (collectively,

Defendants). Martino alleged that Defendants received

contingent fees in violation of various New Jersey court rules

made applicable to litigation in federal court under the District

of New Jersey's local rules. On behalf of the putative class of

individuals represented by Defendants during the MDL,

Martino asserted claims for legal malpractice, conversion, and

unjust enrichment. Defendants removed the case to the United

States District Court for the District of New Jersey, which

granted Defendants' motion to dismiss. A panel of this Court

affirmed that dismissal order in a nonprecedential opinion,

holding that Martino failed to plausibly allege a violation of

New Jersey's rules. See Martino v. Mazie, 2023 WL 1990306

(3d Cir. Feb. 14, 2023)



* * *

Vacated and remanded.